WE BEGIN WITH THE CHALLENGER.
JILL KAROFSKY IS A DANE COUNTY
CIRCUIT COURT JUDGE.
PRIOR TO HER TIME ON THE BENCH,
JUDGE KAROFSKY SERVED AS THE
EXECUTIVE DIRECTOR OF THE STATE
OFFICE OF CRIME VICTIM SERVICES.
SHE'S ALSO A FORMER STATE
ASSISTANT ATTORNEY GENERAL.
JILL KAROFSKY JOINS US NOW VIA
SKYPE.
THANKS FOR YOUR TIME TODAY.
>> THANKS FOR HAVING ME.
I REALLY APPRECIATE IT.
>> NOW LET'S START BY ADDRESSING
THE COVID-19 PANDEMIC AND THE
STATEWIDE EMERGENCY CALLED BY
GOVERNOR TONY EVERS.
THIS WEEK THE GOVERNOR ISSUED A
SAFER AT HOME ORDER THAT
PROHIBITS ALL NONESSENTIAL
TRAVEL.
THE ORDER REMAINS IN PLACE UNTIL
APRIL 24TH.
WHAT ARE THE LEGAL LIMITS TO THE
GOVERNOR'S POWER TO ISSUE AND
ENFORCE THESE ORDERS, AND WOULD
IT
BE UP THE COURTS TO DETERMINE IF
AN ORDER BECOMES "TOO OPPRESSIVE
OR UNREASONABLE"?
>> LOOK, WE ALL NEED TO DO
EVERYTHING WE CAN TO BE SAFE AND
TO MAKE SURE THAT OUR NEIGHBORS
AND OUR FAMILY MEMBERS AND THOSE
AROUND US ARE SAFE.
IN OUR CAMPAIGN, WHAT WE HAVE
DONE IS GONE VIRTUAL.
WE'RE HAVING NO MORE IN-PERSON
EVENTS.
WE ARE MAKING SURE THOUGH THAT
WE ARE STILL GETTING OUR MESSAGE
OUT EVERY WAY WE CAN, WHETHER
IT'S ON FACEBOOK OR TWITTER OR
EMAIL OR TEXT, DOING INTERVIEWS
LIKE THIS, OR RADIO INTERVIEWS.
AS FAR AS ME COMMENTING ON THE
GOVERNOR'S LEGAL AUTHORITY, I
WANT TO BE VERY CAREFUL TO DO
THAT BECAUSE THAT IS AN ISSUE
THAT COULD GET UP TO THE
WISCONSIN STATE SUPREME COURT,
AND WHEN I WIN THIS RACE, IT'S
AN ISSUE THAT I WOULD HAVE TO
WEIGH IN ON.
AND SO, I'M GONNA, WITH ALL DUE
RESPECT, NOT DIRECTLY ANSWER
THAT QUESTION, BUT I DO THINK
THAT IT'S INCUMBENT UPON ALL OF
US TO DO WHAT WE CAN TO STAY
SAFE, WHICH IS WHY I'M APPEARING
BY SKYPE TODAY AND HERE IN MY
KITCHEN, WHERE I'M TELLING MY
KIDS TO WASH THEIR HANDS ABOUT
EVERY 20 SECONDS.
>> SO, UNDERSTANDING YOU DON'T
WANT TO COMMENT DIRECTLY ON THE
ORDER, BUT AT WHAT POINT DO YOU
AS A MEMBER OF THE COURT START
THINKING ABOUT THESE LEGAL
ISSUES THAT COULD COME BEFORE
YOU?
>> WE WOULD START THINKING ABOUT
THEM WHEN A LAWSUIT IS FILED AND
ONCE IT MAKES ITS WAY THROUGH
THE CIRCUIT COURT AND THROUGH
THE COURT OF APPEALS AND THEN
GETS TO THE WISCONSIN STATE
SUPREME COURT.
>> BUT YOU DON'T PONDER WHAT MAY
HAPPEN NOW, IF YOU SEE A LEGAL
OPINION THAT'S THROWN AROUND ON
THE INTERNET?
>> WHEN I AM THINKING ABOUT
COVID-19 RIGHT NOW, ZAC, I AM
THINKING ABOUT· NUMBER ONE: HOW
CAN I KEEP MY FAMILY SAFE.
NUMBER TWO: MY CONCERN RIGHT NOW
AS A CIRCUIT COURT JUDGE AND AS
THE ONLY PERSON IN THIS RACE
RIGHT NOW WHO IS A TRIAL COURT
JUDGE, I AM TRYING TO FIGURE OUT
HOW DO I DO MY JOB RIGHT NOW?
I HAVE BEEN WORKING VERY, VERY
HARD WITH MY COLLEAGUES TO
FIGURE OUT WHAT OUR APPROACH
NEEDS TO BE.
WE'RE NO LONGER HAVING JURY
TRIALS THROUGHOUT THE STATE, BUT
THERE ARE SOME OTHER HEARINGS
THAT WE MUST HAVE.
AND SO, WE ARE USING DIFFERENT
APPS SO THAT WE CAN STILL HOLD
HEARINGS SO THAT PEOPLE ARE
AFFORDED THEIR CONSTITUTIONAL
RIGHTS.
AND I'M CONSTANTLY BALANCING
PEOPLE'S CONSTITUTIONAL RIGHTS
WITH THE SAFETY OF OUR
COMMUNITY, AND I'M THE ONLY
PERSON IN THIS RACE WHO'S HAVING
TO DO THIS RIGHT NOW.
THAT'S THE KIND OF EXPERIENCE
I'M GONNA BRING TO THE WISCONSIN
STATE SUPREME COURT.
>> YOU MENTIONED THE
POSTPONEMENT OF ALL JURY TRIALS
THAT'S BEEN DONE BY THE SUPREME
COURT.
YOUR OPPONENT AGREED WITH THE
DISSENT TO THAT ORDER THAT SAID
THIS EMERGENCY DOES NOT WARRANT
SUSPENDING THE SIXTH AMENDMENT
RIGHT TO A SPEEDY TRIAL.
WHAT DO YOU THINK WITH THE ORDER
FROM THE COURT?
>> AS FAR AS I HAVE MYSELF, IN
MY BRANCH WE HAD ONE CASE THAT
WE MOVED BACK TWO WEEKS.
AND I DO NOT BELIEVE THAT THAT
IS GOING TO-- I WAS -- I WAS
COMFORTABLE DOING THAT,
OBVIOUSLY, AND I DON'T WANT TO
GET INTO DETAILS ABOUT ANY CASE
THAT I HAVE BEFORE ME BECAUSE I
NEED TO MAKE SOME IMPORTANT
DECISIONS.
BUT WE HAD TALKED ABOUT IT WITH
THE PARTIES AHEAD OF TIME THAT
WE HAD SAVED A DATE AT THE END
OF MAY, AND THAT'S WHAT WE'RE
DOING IN OUR CASE.
>> BUT IS THIS A THREAT TO THE
SIXTH AMENDMENT, AS YOUR
OPPONENT SEEMS TO SAY IN HIS
ARGUMENT TO THAT DISSENT?
>> AS FAR AS I'M CONCERNED, ANY
DECISION THAT I HAVE MADE AND IN
MY COURT, I HAVE MADE AND IT IS
IT IS CONSTITUTIONAL AND WILL
HOLD UP ASSUMING THAT THE
CONSTITUTION IS APPLIED THE WAY
THAT IT SHOULD BE.
>> GOVERNOR EVERS HAS SUSPENDED
ALL ADMISSIONS TO STATE PRISONS,
LEAVING INMATES AND COUNTY
JAILS.
DO YOU AGREE WITH THAT POLICY
AND AT WHAT POINT DOES THE
EMERGENCY COME INTO CONFLICT
WITH DUE PROCESS IN THAT AREA?
>> WELL, WE ARE IN DANE COUNTY
TAKING IT CASE BY CASE.
SO, I HAVE -- I WAS ASSIGNED
OVER 1,700 CASES LAST YEAR, AND
IN EACH OF THOSE CASES WE ARE
PAINSTAKINGLY GOING THROUGH AND
IDENTIFYING CASES WHERE A
SENTENCE COULD BE STAYED FOR A
SHORT PERIOD OF TIME, AND IN
SOME CASES, SENTENCES CAN'T BE
STAYED, IT WOULD BE-- IT WOULD
BE A DANGER TO THE COMMUNITY.
IT WOULD BE A DANGER TO THE
VICTIMS.
WE ARE LOOKING AT BAIL
CONDITIONS.
WE ARE LOOKING AT EVERY SINGLE
PART OF A CASE TO DETERMINE THE
CORRECT RESPONSE.
AND AGAIN, THAT IS AN EXPERIENCE
THAT I'M GONNA BRING TO THE
WISCONSIN STATE SUPREME COURT
THAT MY OPPONENT DOESN'T HAVE.
LOOK, THIS IS A GUY WHO HAS
NEVER PRESIDED OVER ANY CASE.
HE WAS APPOINTED TO THE
WISCONSIN STATE SUPREME COURT
WITHOUT HAVING ONE MINUTE OF
JUDICIAL EXPERIENCE.
HE NEVER HAD TO MAKE THE TYPES
OF DECISION THAT I AM HAVING TO
MAKE, HAVING TO MAKE MANY, MANY
TIMES A DAY, DAY IN AND DAY OUT.
HE WAS APPOINTED FOR ONE REASON
AND ONE REASON ONLY, AND IT WAS
BECAUSE HIS RIGHT-WING AGENDA
MATCHED UP WITH THE RIGHT-WING
AGENDA OF SCOTT WALKER.
>> YOU MENTIONED THAT-- YOU'VE
TALKED ABOUT HIM BEING APPOINTED
TO CARRY WATER FOR RIGHT-WING
SPECIAL INTERESTS.
HE SAYS THAT YOU ARE SLANDERING
MEMBERS OF THE COURT THAT AGREE
WITH THOSE DECISIONS HE'S MADE.
ARE YOUR STATEMENTS SLANDEROUS
AND ARE YOU TRYING TO LUMP IN
OTHER MEMBERS OF THE COURT THAT
AGREE WITH HIS DECISIONS?
>> I AM RUNNING AGAINST ONE
MEMBER OF THE COURT AND ONE
MEMBER ONLY.
I AM RUNNING AGAINST DAN KELLY.
AND I AM-- EVERY FIRST-YEAR LAW
STUDENT KNOWS THAT THE DEFENSE
TO SLANDER IS THE TRUTH, AND
EYE
WHAT I AM TALKING ABOUT IS THE
TRUTH.
AND WHEN YOU LOOK AT HIS
DECISIONS, WHEN EVERY SINGLE
TIME HE HAS HAD THE OPPORTUNITY
TO RULE IN FAVOR OF THE
RIGHT-WING SPECIAL INTERESTS, HE
HAS DONE IT.
EVERY SINGLE TIME HE HAS HAD THE
OPPORTUNITY TO MAKE A DECISION,
HE'S MADE DECISIONS, PROCEDURAL
DECISIONS, THAT BENEFIT THE
RIGHT-WING SPECIAL INTERESTS.
IF YOU LOOK AT THE LAME DUCK
CASE WHERE THEY JUST TOOK THAT
CASE, PLUCKED IT RIGHT FROM THE
TRIAL COURT, WITHOUT EVER HAVING
A HEARING, WITHOUT EVER KNOWING
WHAT THE EVIDENCE WAS, SO THAT
HE COULD GET TO THAT CASE AND SO
HE COULD MAKE A DECISION AS FAST
AS HE COULD.
IF YOU LOOK AT THE RECUSAL RULE,
WE HAVE ONE OF THE WEAKEST
RECUSAL RULES IN THE UNITED
STATES.
OUR RECUSAL RULE WAS DRAFTED BY
HE IS HAPPY TO TAKE THEIR MONEY,
AND THEY ARE MORE THAN HAPPY TO
BENEFIT BY HIS DECISIONS.
WHAT WE HAVE IS A 'FOR SALE'
SIGN ON OUR SUPREME COURT NOW.
>> IF ELECTED, IF ELECTED HOW
WILL YOU WORK WITH MEMBERS OF
THE COURT THAT HAVE SAID YOU ARE
NOT FIT TO SERVE ON THE COURT?
>> LOOK, I AGREE WITH THE
MEMBERS OF THE COURT WHO SAY
THAT WE NEED TO HAVE A SUPREME
COURT WITH INTEGRITY.
PEOPLE NEED TO HAVE CONFIDENCE
IN OUR SUPREME COURT.
I AGREE WITH THEM.
THEY ARE ABSOLUTELY RIGHT.
THE PROBLEM IS THIS: THE PROBLEM
IS THAT DAN KELLY HAS AN AGENDA,
NOT THAT I'M SHINING A LIGHT ON
THE FACT THAT HE HAS AN AGENDA,
AND IF WE WANT TO BRING
INTEGRITY BACK TO THE WISCONSIN
STATE SUPREME COURT, WHAT WE
NEED TO DO IS REPLACE DAN KELLY
ON APRIL 7TH.
>> DO YOU THINK DAN KELLY IS
QUALIFIED AND FIT TO SERVE ON
THE SUPREME COURT?
>> I THINK THAT DAN KELLY WAS
PUT ON THE COURT FOR ONE REASON
AND ONE REASON ONLY, AND THAT
WAS TO CARRY THE WATER OF THE
RIGHT-WING SPECIAL INTERESTS OF
CORPORATIONS OF THE WEALTHY AND
HE HAS DONE JUST THAT.
HE HAS NOT SPILLED A DROP OF
THEIR WATER.
>> SWITCHING TOPICS SLIGHTLY:
THE CHIEF JUSTICE OF THE SUPREME
COURT HAS EXTENDED A COMMERCIAL
COURT PILOT PROJECT TO DANE
COUNTY THAT WOULD ALLOW HER TO
HAND-PICK JUDGES TO PRESIDE OVER
BUSINESS LAWSUITS.
DO YOU AGREE WITH THIS PROJECT
AND WHAT ARE THE RAMIFICATIONS
OF IT?
>> I THINK THAT APPEARANCES ARE
VERY, VERY IMPORTANT AND I AGREE
WITH MANY OF MY COLLEAGUES ON
THE DANE COUNTY BENCH.
WHEN YOU HAVE A SYSTEM THAT
APPEARS TO BE TWO-TIERED, THAT
THERE IS ONE SYSTEM OF JUSTICE
FOR BIG BUSINESS, AND ONE SYSTEM
OF JUSTICE FOR THE REST OF US,
THAT REALLY IS TROUBLING TO
MANY, MANY PEOPLE.
LOOK, I PRESIDE OVER MANY, MANY
CRIMINAL CASES IN A YEAR, AND
EVERY SINGLE VICTIM IN EVERY ONE
OF THOSE CASES WOULD LIKE THEIR
CASE TO GET TO A RESULT FASTER.
SAME FOR DEFENDANTS.
THEY WANT THESE CASES TO REACH A
RESOLUTION.
PEOPLE NEED FINALITY, AND TO SAY
THAT WE'RE GOING TO GIVE ONE
GROUP OF PEOPLE FINALITY AND A
QUICKER RESOLUTION IN THEIR
CASES, RATHER THAN ANOTHER GROUP
OF PEOPLE JUST SEEMS TO ME TO
LOOK LIKE WE HAVE A SYSTEM THAT
ISN'T FAIR TO EVERYBODY.
>> NOW, A NUMBER OF COUNTY
MUNICIPAL CLERKS AND AROUND THE
STATE HAVE CALLED FOR THIS
ELECTION TO BE POSTPONED.
THEY'VE EVEN FILED A FEDERAL
LAWSUIT.
DO YOU AS A CANDIDATE AGREE WITH
THE IDEA OF POSTPONING THIS
ELECTION?
>> WHAT WE ARE ENCOURAGING
PEOPLE TO DO IS TO VOTE
ABSENTEE.
PEOPLE CAN STILL GET ON
MYVOTE.WI.GOV.
THEY CAN REGISTER ONLINE UNTIL
THE 30TH.
YOU CAN GET AN ABSENTEE BALLOT
UNTIL APRIL 2ND.
YOUR BALLOT HAS TO BE RECEIVED
BY THE MUNICIPAL CLERK'S OFFICE
AND YOUR MUNICIPALITY BY APRIL
7TH AT 8 O'CLOCK.
AND THAT'S WHAT WE ARE
ENCOURAGING PEOPLE TO DO.
>> DO YOU HAVE AN OPINION ON
EXTENDING ANY OF THOSE DEADLINES
DUE TO THE PANDEMIC?
>> LOOK, WE WE ARE FOCUSED ON
APRIL-- AS YOU AND I ARE TALKING
RIGHT NOW AND AS WE ARE
RECORDING THIS, THE ELECTION IS
APRIL 7TH AND THAT IS WHAT WE
ARE FOCUSED ON TODAY.
>> NOW, YOUR OPPONENT WAS FIRST
APPOINTED TO THE COURT.
YOU'RE RUNNING IN A STATEWIDE
ELECTION.
WHICH IS THE BEST WAY TO CHOOSE
MEMBERS OF THE WISCONSIN SUPREME
COURT, ESPECIALLY CONSIDERING
HOW UGLY SOME OF THESE RACES
HAVE BECOME IN RECENT YEARS?
>> I THINK IT IS REALLY
IMPORTANT THAT WE HAVE THESE
ELECTIONS.
I HAVE LEARNED SO MUCH BY
TRAVELING ALL AROUND THE STATE
OF WISCONSIN AND LISTENING TO
PEOPLE AROUND THE STATE OF
WISCONSIN, AND IF WE WANT TO
CHANGE THESE ELECTIONS, IF WE
WANT TO STOP THE INFLUENCE OF
THE OUTSIDE MONEY THAT COMES
INTO THESE RACES,
WHAT WE NEED TO DO IS, NUMBER
ONE, WE NEED TO ELECT JUSTICES
WHO ARE WILLING TO LOOK AT OUR
RECUSAL ROLE.
THAT IS WHAT I AM WILLING TO DO.
SECOND, WE NEED JUSTICES THEN TO
CHANGE THE RECUSAL RULE IN THIS
STATE SO THAT WHEN THE OUTSIDE
MONEY COMES IN, IF IN A
CAMPAIGN, JUDGE OR A JUSTICE
WILL NOT SIT ON THOSE CASES.
AND THAT IS NOT WHAT WE HAVE
THAT'S NOT WHAT WE'RE SEEING
TODAY, AND DAN KELLY IS AGAINST
THAT.
>> BUT DIRECT ELECTIONS BY THE
POPULACE IS STILL THE BEST WAY
TO FILL OUR SUPREME COURT?
>> I BELIEVE SO, YES.
>> NOW, YOU'VE GOT A FEW SECONDS
LEFT.
PLEASE GIVE ME YOUR BEST SUMMARY
OF WHY VOTERS SHOULD VOTE FOR
YOU.
>> VOTERS SHOULD VOTE FOR ME
BECAUSE I HAVE THE EXPERIENCE
THAT WE NEED ON THE WISCONSIN
STATE SUPREME COURT.
I'M THE ONLY PERSON IN THIS
RACE, AS I MENTIONED, WHO HAS
BEEN A TRIAL COURT JUDGE.
I SEE HOW THE LAW IMPACTS REAL
PEOPLE EVERY SINGLE DAY.
IN MY COURTROOM, WE FOLLOW THE
RULE OF LAW, AND I TREAT
EVERYONE IN MY COURTROOM FAIRLY
AND EQUALLY AND RESPECTFULLY.
I'VE ALSO GOT THE WISCONSIN
VALUES THAT I'M GONNA BRING TO
THE WISCONSIN SUPREME COURT AND
I'M ALSO GONNA BRING MY
TOUGHNESS AND MY INDEPENDENCE.
AND I WILL URGE VOTERS TO VOTE
FOR ME, VOTE ABSENTEE, VOTE
BEFORE APRIL 7TH, WHICH IS THE
ELECTION DATE.
>> ALL RIGHT, JUDGE JILL
KAROFSKY, THANKS FOR YOUR TIME
TODAY.